keyboard_tab Diritto d'autore 2019/0790 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Article 13 Negotiation mechanism
- 1 Article 22 Right of revocation
TITLE I
GENERAL PROVISIONS
TITLE II
MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT
TITLE III
MEASURES TO IMPROVE LICENSING PRACTICES AND ENSURE WIDER ACCESS TO CONTENT
CHAPTER 1
Out-of-commerce works and other subject matter
CHAPTER 2
Measures to facilitate collective licensing
CHAPTER 3
Access to and availability of audiovisual works on video-on-demand platforms
CHAPTER 4
Works of visual art in the public domain
TITLE IV
MEASURES TO ACHIEVE A WELL-FUNCTIONING MARKETPLACE FOR COPYRIGHT
CHAPTER 1
Rights in publications
CHAPTER 2
Certain uses of protected content by online services
CHAPTER 3
Fair remuneration in exploitation contracts of authors and performers
TITLE V
FINAL PROVISIONS
- states 9
- rights 8
- shall 8
- member 7
- revocation 7
- author 7
- performer 7
- matter 6
- mechanism 6
- subject 6
- works 5
- provide 5
- transfer 4
- work 4
- provided 4
- paragraph 4
- licence 4
- mediators 3
- exploitation 3
- transferred 3
- licensed 3
- authors 3
- performers 3
- member 3
- only 3
- article 3
- parties 3
- body 3
- such 2
- agreement 2
- protected 2
- lack 2
- different 2
- individual 2
- contributions 2
- application 2
- from 2
- ensure 2
- available 2
- apply 2
- time 2
- choose 2
- terminate 2
- exclusivity 2
- contract 2
- instead 2
- revoking 2
- after 2
- deadline 2
- purpose 2
Article 13
Negotiation mechanism
Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for the purpose of making available audiovisual works on video-on-demand services may rely on the assistance of an impartial body or of mediators. The impartial body established or designated by a Member State for the purpose of this Article and mediators shall provide assistance to the parties with their negotiations and help the parties reach agreements, including, where appropriate, by submitting proposals to them.
Member States shall notify the Commission of the body or mediators referred to in the first paragraph no later than 7 June 2021. Where Member States have chosen to rely on mediation, the notification to the Commission shall at least include, when available, the source where relevant information on the mediators entrusted can be found.
CHAPTER 4
Works of visual art in the public domain
Article 22
Right of revocation
1. Member States shall ensure that where an author or a performer has licensed or transferred his or her rights in a work or other protected subject matter on an exclusive basis, the author or performer may revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter.
2. Specific provisions for the revocation mechanism provided for in paragraph 1 may be provided for in national law, taking into account the following:
| (a) | the specificities of the different sectors and the different types of works and performances; and |
| (b) | where a work or other subject matter contains the contribution of more than one author or performer, the relative importance of the individual contributions, and the legitimate interests of all authors and performers affected by the application of the revocation mechanism by an individual author or performer. |
Member States may exclude works or other subject matter from the application of the revocation mechanism if such works or other subject matter usually contain contributions of a plurality of authors or performers.
Member States may provide that the revocation mechanism can only apply within a specific time frame, where such restriction is duly justified by the specificities of the sector or of the type of work or other subject matter concerned.
Member States may provide that authors or performers can choose to terminate the exclusivity of the contract instead of revoking the licence or transfer of the rights.
3. Member States shall provide that the revocation provided for in paragraph 1 may only be exercised after a reasonable time following the conclusion of the licence or the transfer of the rights. The author or performer shall notify the person to whom the rights have been licensed or transferred and set an appropriate deadline by which the exploitation of the licensed or transferred rights is to take place. After the expiry of that deadline, the author or performer may choose to terminate the exclusivity of the contract instead of revoking the licence or the transfer of the rights.
4. Paragraph 1 shall not apply if the lack of exploitation is predominantly due to circumstances that the author or the performer can reasonably be expected to remedy.
5. Member States may provide that any contractual provision derogating from the revocation mechanism provided for in paragraph 1 is enforceable only if it is based on a collective bargaining agreement.
whereas